13274 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Rules and Regulations 

Terrorism Sanctions Regulations, 31 

CFR part 594 (GTSR), that are ordinarily 

incident and necessary to the provision, 

exportation, or reexportation of goods, 

technology, or services to ensure the 

safety of civil aviation involving Fly 

Baghdad are authorized through 12:01 

a.m. eastern daylight time, March 22, 

2024, provided that the goods, 

technology, or services that are 

provided, exported, or reexported are 

for use on aircraft operated solely for 

civil aviation purposes. 

(b) Except as provided in paragraph 

(c) of this general license, all 

transactions prohibited by the GTSR 

that are ordinarily incident and 

necessary to the wind down of any 

transaction involving Fly Baghdad are 

authorized through 12:01 a.m. eastern 

daylight time, March 22, 2024, provided 

that any payment to Fly Baghdad must 

be made into a blocked account in 

accordance with the GTSR. 

(c) This general license does not 

authorize any transactions otherwise 

prohibited by the GTSR, including 

transactions involving any person 

blocked pursuant to the GTSR other 

than Fly Baghdad, unless separately 

authorized. 

Note to General License 27. Nothing in this 

general license relieves any person from 

compliance with any other Federal laws or 

requirements of other Federal agencies, 

including export, reexport, and transfer (incountry) licensing requirements maintained 

by the Department of Commerce’s Bureau of 

Industry and Security under the Export 

Administration Regulations, 15 CFR parts 

730–774. 

Bradley T. Smith, 

Director, Office of Foreign Assets 

Control. 

Dated: January 22, 2024. 

Bradley T. Smith, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2024–03627 Filed 2–21–24; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0136] 

RIN 1625–AA00 

Safety Zone, Installation Area for 

Offshore Wind Power Transmission 

Export Cables, Atlantic Ocean, Virginia 

Beach, Virginia 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within 550-yards of a 

near shore construction site near the 

State Military Reservation, in Virginia 

Beach, Virginia. The safety zone will 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by subsurface 

construction. Operations are planned to 

bore tunnels to carry electric 

transmission lines below the Atlantic 

Ocean. When the M/V RAM XII or the 

M/V RAM XV are present, entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Virgina or a designated 

representative. 

DATES: This rule is effective from March 

1, 2024 through December 31, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0136 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email LCDR Ashley Holm, Chief, 

Waterways Management Division U.S. 

Coast Guard; 757–617–7986, 

Ashley.E.Holm@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port, Sector Virginia 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On February 6, 2024, the Virginia 

Electric and Power Company, doing 

business as Dominion Energy, notified 

the Coast Guard that they plan to begin 

tunneling work east of the State Military 

Reservation in Virginia Beach, Virginia 

in the first week of March 2024, 

specifically in waters within one half 

mile of the shoreline. The work involves 

the use of dynamic positioning for 

tunnel placement, excavation 

equipment, divers in shallow water, and 

the coordination of approximately seven 

vessels. 

The Coast Guard is issuing this 

temporary rule under authority in 5 

U.S.C. 553(b)(B). This statutory 

provision authorizes an agency to issue 

a rule without prior notice and 

opportunity to comment when the 

agency for good cause finds that those 

procedures are impracticable. The Coast 

Guard finds that good cause exists for 

not publishing a notice of proposed 

rulemaking (NPRM) with respect to this 

rule because publishing notice, and 

receiving, considering and responding 

to comments between now and March 1, 

2024, when the safety zone must be in 

effect, is impracticable. 

Also, under 5 U.S.C. 553(d)(3), the 

Coast Guard finds that good cause exists 

for making this rule effective less than 

30 days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because there are less than 30 days 

remaining before March 1, when the 

safety zone must be in place to serve its 

purpose. 

III. Legal Authority and Need for Rule 

The Captain of the Port, Sector 

Virginia (COTP) has determined that 

potential hazards associated with the 

construction of subsurface tunnels will 

create a safety concern that necessitates 

prohibiting vessels approaching the 

subsea tunneling site. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the tunneling operations are 

conducted. The Coast Guard is issuing 

this rule under authority in 46 U.S.C. 

70034. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from March 1, 2024, until December 31, 

2024, during which Dominion Energy 

will be tunneling to lay electric 

transmission lines below the Atlantic 

Ocean. The safety zone will cover all 

navigable waters within 550 yards of the 

position 36°48′57.6′′ N 75°57′43.2′′ W, a 

distance selected to encompass all 

vessels and machinery being used by 

personnel to conduct tunneling 

operations. Consistent with its purpose 

of protecting personnel, vessels, and the 

marine environment in these navigable 

waters while the tunneling operations 

are conducted, the zone will only be 

subject to enforcement when such 

vessels are present. During subsurface 

construction operations, no vessel or 

person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 


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Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Rules and Regulations 13275 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on a formal navigational risk 

assessment, as required by the project 

permitting process which preceded the 

request to the Coast Guard. This study 

considered the vessels using the area. 

The use of unrestricted waters to the 

east of the working site would allow 

vessels normally transiting this location 

access to the other side in less than an 

hour detour. The zone itself is not 

unique to the coastal environment and 

exclusion of vessels from these waters 

would not harm the human 

environment, as the shoreline is already 

a military reserve with restricted access 

to the public. The Coast Guard will 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone, and the rule will allow vessels to 

seek permission to enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone enforceable only during working 

periods that will prohibit entry within 

550 yards of a tunneling site, during the 

months of March through December of 

2024. It is categorically excluded from 

further review under paragraph L[60a] 

of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping, 

Security measures, and waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T05–0136 to read as 

follows: 


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13276 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Rules and Regulations 

§ 165.T05–0136 Safety Zone, Installation 

Area for Offshore Wind Power 

Transmission Export Cables, Atlantic 

Ocean, Virginia Beach, Virginia. 

(a) Location. The following area is a 

safety zone: All waters within 550 yards 

of the center point of the installation 

site at position 36°48′57.6′′ N 

75°57′43.2′′ W to include the shoreline 

within the radius. These coordinates are 

based on WGS 84. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port Sector Virginia 

(COTP) in the enforcement of the safety 

zones. The term also includes the 

masters of the Lift Boats RAM XII and/ 

or RAM XV, for the sole purpose of 

designating and establishing safe transit 

corridors, to permit passage into or 

through these safety zones, or to notify 

vessels and individuals that they have 

entered a safety zone and are required 

to depart immediately. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, no vessels or persons may 

enter the safety zone described in 

paragraph (a) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) To seek permission to enter, 

vessels should contact the Lift Boats 

RAM XII and/or RAM XV via VHF–FM 

Channel 16. Those in the safety zone 

must comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative 

for the purposes of instructions for safe 

transit. 

(d) Enforcement period. This zone 

will be in effect and subject to 

enforcement during such times as the 

Lift Boats RAM XII and/or RAM XV is 

present within the zone, between March 

1, 2024, and December 31, 2024. 

Dated: February 14, 2024. 

J.A. Stockwell, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Virginia. 

[FR Doc. 2024–03590 Filed 2–21–24; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 5, 25, and 97 

[IB Docket No. 18–313; FCC 24–6; FR ID 

202994] 

Mitigation of Orbital Debris in the New 

Space Age 

AGENCY: Federal Communications 

Commission. 

ACTION: Denial of reconsideration. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or FCC) discusses the 

adoption of an Order on 

Reconsideration (Orbital Debris 

Reconsideration Order), which 

addressed three petitions for 

reconsideration challenging the orbital 

debris mitigation rules adopted by the 

Commission in 2020. In the Orbital 

Debris Reconsideration Order, the 

Commission declined to modify, 

withdraw, or otherwise change the 

orbital debris mitigation rules adopted 

in 2020 Orbital Debris Order, published 

August 25, 2020, but also provided 

some clarification and guidance as 

relevant for some of the issues raised in 

the petitions for reconsideration. 

DATES: The denial of reconsideration is 

effective February 22, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Alexandra Horn, Space Bureau, Satellite 

Programs and Policy Division, 202–418– 

1376, alexandra.horn@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order on 

Reconsideration (Orbital Debris 

Reconsideration Order), FCC 24–6, 

adopted on January 25, 2024, and 

released on January 26, 2024. The full 

text of this document is available at 

https://docs.fcc.gov/public/ 

attachments/FCC-24-6A1.pdf. To 

request materials in accessible formats 

for people with disabilities, send an 

email to FCC504@fcc.gov or call the 

Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

Paperwork Reduction Act. The Orbital 

Debris Reconsideration Order did not 

contain new or modified information 

collection requirements subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13. Therefore, it 

does not contain any new or modified 

information collection burden for small 

business concerns with fewer than 25 

employees, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198,see 44 U.S.C. 

3506(c)(4). 

Regulatory Flexibility Analysis. The 

Regulatory Flexibility Act of 1980, as 

amended (RFA), requires that a 

regulatory flexibility analysis be 

prepared for notice and comment 

rulemaking proceedings. As the Orbital 

Debris Reconsideration Order does not 

adopt or otherwise modify any existing 

rules, no regulatory flexibility analysis 

is necessary. 

Synopsis 

I. Introduction 

1. In the Orbital Debris 

Reconsideration Order, the Commission 

addressed the issues raised in three 

petitions for reconsideration of the 2020 

Orbital Debris Order, 86 FR 52422 

(August 25, 2020): (1) a petition filed by 

the Boeing Company (Boeing), EchoStar 

Satellite Services, LLC (EchoStar), 

Hughes Network Services, LLC 

(Hughes), Planet Labs, Inc. (Planet), 

Spire Global, Inc. (Spire), and Telesat 

Canada (Telesat) (collectively, 

Combined Petition), asking the 

Commission to reconsider information 

disclosure requirements relating to 

satellite maneuverability, large system 

disposal reliability, the use of 

deployment devices, and the use of 

certain types of persistent liquids; (2) a 

petition filed by Space Exploration 

Technologies Corp. (SpaceX) seeking 

reconsideration or clarification of the 

Commission’s orbital debris mitigation 

rules as applied to non-U.S.-licensed 

satellite systems seeking U.S. market 

access; and (3) a petition filed by Kuiper 

Systems LLC (Kuiper) seeking adoption 

of a new rule addressing issues related 

to the orbital separation of large nongeostationary orbit (NGSO) 

constellations. 

2. In responding to these petitions, the 

Commission declined to modify, 

withdraw, or otherwise change the 

information collection requirements 

adopted in the 2020 Orbital Debris 

Order. It also declined to change its 

rules as applicable to non-U.S.-licensed 

systems seeking U.S. market access, or 

to adopt new rules governing the orbital 

separation of large NGSO constellations. 

After reviewing the petitions, the 

Commission found that the petitioners 

failed to show any material errors or 

omissions in the 2020 Orbital Debris 

Order or raise any new or additional 

facts that would warrant reconsideration 

under the Commission’s rules. However, 

the Orbital Debris Reconsideration 

Order provided some clarification or 

guidance as appropriate on some of the 

issues raised in the petitions for 

reconsideration. 

II. Background 

3. On November 19, 2018, the 

Commission released a notice of 


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